The Duty of Due Consideration in the Anthropocene: Climate Risk and English Directorial Duties

Carbon & Climate Law Review (2017) 11(2) 90-99

Posted: 26 Jun 2019

See all articles by Lisa Benjamin

Lisa Benjamin

Lewis & Clark College Paul L Boley Library

Date Written: June 23, 2017

Abstract

Companies are responsible for a large amount of greenhouse gas emissions, and these externalities are, for the most part, not being internalised by these entities. However, the risks and opportunities for companies due to climate change in the Anthropocene have begun to materialise more clearly, and the magnitude, particularly of risks, to some companies have focused the attention of investors, and as a result, directors, on climate change. Company law, therefore, may provide a mechanism through the duty of due consideration in Section 172 of the UK Companies Act 2006, combined with the obligation to disclose material risks, for directors to pay more significant attention to climate change issues as they impact their companies.

Keywords: directors' duties, climate change, s173 Companies Act 2006

Suggested Citation

Benjamin, Lisa, The Duty of Due Consideration in the Anthropocene: Climate Risk and English Directorial Duties (June 23, 2017). Carbon & Climate Law Review (2017) 11(2) 90-99, Available at SSRN: https://ssrn.com/abstract=3408770

Lisa Benjamin (Contact Author)

Lewis & Clark College Paul L Boley Library ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States

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